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Wednesday, October 5, 2016

ALA Proposes New Amendments to Supreme Court Rules

By John M. Fitzgerald (left), Partner, Tabet DiVito & Rothstein LLC Garrett L. Boehm, Jr., Shareholder, Johnson & Bell, Ltd.The ALA remains active in proposing amendments to the Illinois
Supreme Court Rules. Just this week, the ALA proposed several new amendments to
the Illinois Supreme Court Rules that are intended to foster the efficient and
speedy resolution of civil appeals. These amendments, which would change
certain language in Illinois Supreme Court Rules 306, 308, 315 and 321, have
been submitted to the Illinois Supreme Court Rules Committee for its
consideration. The proposed amendments, which are discussed below, were
authored by ALA Board member Don Sampen and were unanimously approved by the
ALA Rules Committee.I. Proposed Amendment to Illinois Supreme
Court Rule 306The ALA proposes
adding a new Rule 306(c)(8), which would provide as follows:

“After the
petitioner has filed the petition and supporting record, and the time for
filing any answer has expired, the Appellate Court shall consider and decide
the petition within 30 days thereafter.”

The purpose of
this amendment is to set forth a reasonable time within which the Illinois
Appellate Court shall decide whether or not to accept a petition for leave to
appeal from one of the types of orders described in Rule 306(a). Importantly,
this amendment would not require the Illinois Appellate Court to render any
decision on the merits of any such appeal within 30 days. It would set a
timeframe only on the Illinois Appellate Court’s decision whether to grant a
petition for leave to appeal. This amendment is intended to provide certainty
and predictability as to when a petitioner or respondent should expect a
decision to be made as to whether an interlocutory appeal will proceed.

II. Proposed Amendment to Illinois
Supreme Court Rule 308

The ALA proposes
adding a new Rule 308(f), which would provide as follows:

“After the applicant
has filed the application and supporting record, and the time for filing any
answer has expired, the Appellate Court shall consider and decide the
application within 30 days thereafter.”

Like the
proposed amendment to Rule 306, this proposed amendment is intended to set
forth a reasonable time within which the Illinois Appellate Court shall decide
whether or not to accept a Rule 308 application for leave to appeal. This
amendment would thereby provide certainty as to when such a decision will be
made. This language, of course, would not require the Illinois Appellate Court
to decide the merits of any Rule 308 appeal within any set timeframe.

III. Proposed Amendment to Illinois
Supreme Court Rule 315

The ALA proposes
amending Supreme Court Rule 315(f) to delete the phrase “within such 21-day
period” from the end of the first sentence of that provision. As amended, the
first sentence of Rule 315(f) would read:

“The respondent need not but may file
an answer, with proof of service, within 21 days after the expiration of the
time for the filing of the petition, or within such further time as the Supreme
Court or a judge thereof may grant within such 21-day period.”

The rationale
for this proposal is that, in many instances, 21 days may be too short a period
of time in which to file a motion for an extension of the filing deadline and
receive a ruling on that motion, especially if an extension is necessitated
by an unforeseen occurrence.

“The common law
record includes every document filed, including compact disks and other
electronic filings, and judgment and order entered in the cause and any
documentary exhibits offered and filed by any party.”

This amendment
is intended simply to clarify that the common law record in a given case may
include not only paper documents but also electronic filings. If a party was
permitted to file a document in electronic format in the circuit court, that
fact should not provide a basis for excluding it from the common law record.

Conclusion

The ALA remains
active in proposing amendments to the Illinois Supreme Court Rules that are
intended to promote fairness and efficiency in the appellate process. The ALA
appreciates the Illinois Supreme Court Rules Committee’s consideration of these
proposed amendments to the Illinois Supreme Court Rules. Any ALA members who
have ideas for amending the Illinois Supreme Court Rules are encouraged to
contact the co-chairs of the ALA Rules Committee, John Fitzgerald and Garrett Boehm.

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.